You may think that rear-end collisions that result in injuries are fairly straightforward. Simply file a claim with your insurance company and get fairly compensated, right? Sadly, that’s rarely the case, as we’ll see with an extraordinary case leading to Farah & Farah accident attorney Rick Staggard taking it from a full denial to rightful compensation.
We interviewed Rick to uncover what happened in the case and how he approaches following the facts to seek maximum compensation.
The Struggle With Insurance and Ensuing Legal Battles
Two family members were riding in the car when they were struck from behind and violently driven into the guardrail. The crash was so intense that both of the occupants had significant injuries, requiring multiple surgeries. Even with what seemed like a straightforward cause for the crash, the insurance company still tried to deny all liability and say that they therefore shouldn’t have to pay a dime.
Deny, Delay, or Underpay: The Insurance Company’s Playbook
The insurance company tried to say from the start that the crash was caused by our clients. They claimed our client had cut off the other driver, which then led to the accident. With any case, a critical element of our strategy lies in gathering crash scene evidence. We take significant efforts to capture this evidence and use it to recreate exactly what happened.
Using data from the crash, we were able to show that the other driver’s skid marks meant his vehicle went through the lane of travel, over the meridian, and into the exit lane. In other words, the evidence proved the other driver completely lost control of their vehicle.
Devastating Injuries Led to Chronic Conditions
When the other vehicle struck our clients, the force of the impact was incredible. Both of the occupants were violently thrown around in the vehicle and both were left with significant injuries that would require surgeries for each of them. However, even medical evidence is often contested by the insurance company.
Months after the accident, one of the occupants started to develop a complicated medical condition due to striking the console and door during the crash. Complex regional pain syndrome (CRPS) is a chronic condition that can develop after an injury, according to the Mayo Clinic. Symptoms include burning or throbbing pain, swelling, joint stiffness, and a host of other unpleasant conditions. Talking with the client’s medical team, Rick asked questions to drill down on what was causing this condition and what options were available to help alleviate the symptoms. Our client’s treating physician recommended a spinal cord stimulator, which would ultimately help immensely in the daily management of her pain.
The other occupant had similar injuries and the doctor recommended the same course of treatment; unfortunately, due to complications during surgery, he wasn’t able to get the device installed. However, having the doctor’s diagnosis that both occupants had a medical necessity for this device helped prove that the crash caused their conditions and the treatment plan was appropriate and necessary.
This breakthrough would force the insurance company back to the table to recognize everything our clients had been through. Having all the medical and crash data in hand helped Rick and his team secure $1.5 million a piece for each of the occupants, totaling $3 million from the same crash.
Insurance Claim Denied? Let Us Take a Look Before You Give Up
The time after an accident can seem like one of the lowest points in your life, especially when you don’t feel like your insurance company is giving you a fair compensation offer–or they are denying your claim outright. If you’re simply unsure or would like to talk over what happened, you can always contact our attorneys any time of the day or night all year round. Our intake team will review the incident with you and then walk you through what options may be available to you.
